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Lagniappe1978

Will

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My boyfriend and I have lived together in Louisiana since 2004. Both of us are 55. His mom died in Texas in March of 2015 at the age of 86.  She originally lived here.  She had family money and he gets one half of the estate.  His sister who is executrix lives in Texas and gets the other half.  His mom put small amounts of money (under $100) in an IRA in his name for him throughout his life.  His sister says that the money in the IRA is family money and that he cannot leave the IRA money to me after he dies by naming me as beneficiary.  Is this true?  If the amounts of the deposits into the IRA were small enough that she could have paid it from her Social Security how can it be "family money" ? Can he name me as beneficiary with his niece and nephew as contingent beneficiary?  His sister says if he does not leave the money to the niece and nephew, she will sue me.  Can she do that? 

 

Also, we wrote up a trust for Keith (boyfriend) after his mom died.  We have found out that there was an older will for Keith.  Keith nor I knew about the will.  His sister says that my will is null and void because the older will comes first.  Is that true?  Keith's new will was written by a notary at the notary shoppe and said that any other wills were null and void.  Which will is good (the old one or the new one)

 

Thank you for your time

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His mom put small amounts of money (under $100) in an IRA in his name for him throughout his life.  His sister says that the money in the IRA is family money and that he cannot leave the IRA money to me after he dies by naming me as beneficiary.  Is this true?

 

No, it's not true.  As an initial matter, if we're talking about only $100, chances are your boyfriend won't even own the money by the time he dies (unless there's some reason to think his death is imminent).  Additionally, the term "family money" has no legal meaning or significance.  If your boyfriend is the designated beneficiary on the IRA, then the money in the account is his and is not part of the estate, and he's free to do as he pleases with it.  If he chooses to convert the IRA into his own name (as opposed to taking a distribution), he may designate you or anyone else he likes as the beneficiary.

 

 

 

If the amounts of the deposits into the IRA were small enough that she could have paid it from her Social Security how can it be "family money" ?

 

Aside from the fact that "family money" is a meaningless term, what your boyfriend's mother "could have" done is irrelevant.

 

 

 

Can he name me as beneficiary with his niece and nephew as contingent beneficiary?

 

Yes.

 

 

 

His sister says if he does not leave the money to the niece and nephew, she will sue me.  Can she do that?

 

Yes.  Anyone can sue anyone for anything.  I could sue you for tortiously interfering with a contract between Genghis Khan and George Washington.  Of course, just because I can sue doesn't mean I'll win.  The notion of your boyfriend's sister suing you because your boyfriend didn't leave $100 from this IRA account to his niece and nephew is beyond ludicrous.

 

 

 

we wrote up a trust for Keith (boyfriend) after his mom died.

 

We?  Meaning you and Keith?  Did Keith have an attorney advising him in connection with this?  You're obviously not a lawyer, so you shouldn't be "[writing] up a trust" (or any other legal documents) for anyone other than yourself.

 

 

 

We have found out that there was an older will for Keith.  Keith nor I knew about the will.

 

Well...Keith must have known about it because he signed it, right?  Did you mean that he forgot about this earlier will?

 

 

 

His sister says that my will is null and void because the older will comes first.  Is that true?

 

Your will?  Not sure what you're talking about here, but neither Keith's will nor his trust have any relevance to the validity of your will.

 

 

 

Keith's new will was written by a notary at the notary shoppe and said that any other wills were null and void.  Which will is good (the old one or the new one)

 

So...Keith has an "old will," a "new will," and a trust?  Just making up dates, if Keith made a will on February 12, 2005 and then made a new will on February 12, 2016, and if the new will says that any other/prior wills are invalid or "null and void," then the 2016 will is the only one that matters.

 

I suggest that the two of you assume that Keith's sister is completely full of you-know-what and that Keith give serious thought to his sister's competence to act as executor of their mother's estate and possibly consider hiring an attorney in Texas to seek to have his sister removed as executor and someone competent appointed.  What you have posted her tells me that (1) she doesn't know what she's doing, and (2) she's not trustworthy and may screw Keith over in connection with the estate.

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In answer to your first part: your boyfriend can name you as benificiary if he chooses and is not married. If he is married his wife may have to sign a waiver. His sister can sue you but will lose.

The second part makes absolutely no sense. You speak as if Keith has no idea that he had made a will sometime in the past and didn't remember he had made it and made a new will recently and doesn't know if the old will supersedes the new will. Of course the new will overrides the old will, how can it not? Is Keith mentally competent?

Also, what is the meaning of your writing up a trust for Keith? You mention it and then it goes away.

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Stop believing everything that sister tells you--she is not an attorney and may be somewhat biased.  The newer will may possibly supersede the older will but there is no way to know for sure unless Keith has a probate attorney review it for adequacy.

 

Is there a will AND a trust?  Was the will probated in a Texas county courthouse?  Did Keith receive anything from the will?  Is the money Keith is currently receiving coming from the trust?

 

If Keith has not seen the will and/or the trust, he needs to look at the will at the county courthouse and find out from a trust attorney if he has the right as a trust beneficiary to ask (in writing only, by certified mail, NOT verbally) the trustee for a copy of the trust and whether he needs to ask for a copy of an accounting statement and tax return for each year the trust has existed.

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